Mark Feldman

Professor of Law

“In the 21st century, the structure and decision-making of multinational enterprises are changing in fundamental ways. Key responsibilities are shifting from centralized headquarters to dispersed networks of affiliates; integrated international production systems have emerged; and forms of government influence are becoming more varied and less formal. To keep pace with these rapid changes, international economic law obligations and international dispute settlement procedures must adapt, which raises challenging issues for scholars, practitioners, and policymakers.”

Mark Feldman’s scholarship examines the relationship between multinational enterprises and international economic law rights and obligations. Professor Feldman’s articles have been cited in reports by the OECD, UNCTAD, the World Economic Forum, the European Parliament, and the U.S.-China Economic and Security Review Commission. Professor Feldman’s articles also have been cited in many leading journals, including Arbitration International, British Journal of Political Science, Columbia Journal of Transnational Law, Georgetown Journal of International Law, German Law Journal, ICSID Review, Journal of International Economic Law, NYU Journal of International Law & Politics, Stanford Law Review, and Virginia Journal of International Law. Professor Feldman frequently presents on international economic law issues, particularly in Asia, including speaking engagements in Beijing, Xi’an, Nanjing, Shenzhen, Hong Kong, Macau, Taipei, Singapore, Kuala Lumpur, Cebu, Tokyo, Kyoto, and Seoul.

Professor Feldman previously served as a member of E15 Initiative Task Force on Investment Policy (World Economic Forum/ICTSD) and as Chief of NAFTA/CAFTA-DR Arbitration in the Office of the Legal Adviser at the U.S. Department of State. As Chief, he represented the United States as a Respondent or non-disputing Party in more than a dozen investor-State disputes and provided legal counsel supporting the negotiation of U.S. bilateral investment treaties and investment chapters of free trade agreements (including TPP and U.S.-China BIT negotiations). His government experience also includes service as a law clerk to Judge Eric L. Clay on the U.S. Court of Appeals for the Sixth Circuit and as a Peace Corps Volunteer in Lesotho during South Africa’s transition to democracy. In the private sector, he practiced law for several years at Covington & Burling. He holds a B.A. from the University of Wisconsin, where he was elected to Phi Beta Kappa, and a J.D. from Columbia Law School, where he was a James Kent Scholar, Harlan Fiske Stone Scholar, and recipient of the Parker School Certificate in International and Comparative Law.

The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law: Towards a Free Trade Area of the Asia-Pacific (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle), E15 Initiative (Geneva, International Centre for Trade and Sustainable Development and World Economic Forum) (2016) www.e15initiative.org (invited submission)

The Pacific Rim as a Platform for International Investment Law Harmonization, Columbia FDI Perspectives, No. 178 (July 18, 2016) (co-authored with Rodrigo Monardes and Cristián Rodríguez Chiffelle and adapted from Feldman, Monardes, Rodríguez Chiffelle, The Role of Pacific Rim FTAs in the Harmonisation of International Investment Law (E15 Initative, Geneva, 2016)) (invited submission) (peer-reviewed)

The Second Rebalancing of the International Investment Law Regime, Uryu & Itoga, Tokyo, Japan (September 2017)

Executive Training on Investment Treaties and Arbitration for Government Officials (Sessions on “Investor” and “Investment”), Columbia Center on Sustainable Investment, Columbia Law School, New York, New York (July 2017)

Investment Arbitration under Plurilateral Trade Agreements: The TPP as a 21st Century Model, The Trans-Pacific Partnership (TPP): A Paradigm Shift in International Trade Regulation? (Chinese University of Hong Kong and Asia WTO Research Network), Hong Kong (May 2016)

Investment Policy Options for G20 Collaboration, Workshop on Key Policy Options for the G20 to Support Robust International Trade and Investment (International Centre for Trade and Sustainable Development and Institute of World Economics and Politics, Chinese Academy of Social Sciences), Nanjing, China (April 2016)

Investment Arbitration Appellate Mechanism Options: Consistency, Accuracy, and Balance of Power, National University of Singapore Centre for International Law Investment Treaty Appellate Mechanism Research Project Workshop, Singapore (April 2016)

Particularity and Clarity in BITs, Can Investment Treaty Arbitration Be Improved?, Singapore International Investment Arbitration Conference, Centre for International Law, National University of Singapore (December 2012)

Defenses Available to States in Investor-State Arbitration, International Law Institute, Washington DC (June 2007)

PEER REVIEW

The Chinese Journal of Comparative Law, Asian Journal of International Law, Columbia FDI Perspectives, European Law Journal, Asia Pacific Law Review, Yearbook on International Investment Law & Policy, Journal of World Energy Law & Business, European Investment Law and Arbitration Review, Journal of World Investment & Trade, The Pacific Review, Leiden Journal of International Law, Melbourne Journal of International Law, Oxford University Press, Cambridge University Press